Canada Case Law

Heywood v. Songhees Nation

Court

British Columbia Court of Appeal

The Court held the chambers judge palpably erred by misapplying the Stack test: the manufactured homes were sufficiently annexed and the object of annexation was to enhance long‑term residential use of the land, so the homes are fixtures and owners are not required to remove them; the unjust enrichment claim was dismissed because the Nation was not incontrovertibly enriched and, even if enriched, there was a juristic reason (real property law concerning fixtures), and the Nation's conduct (three years' notice, opportunity to remove) was not unconscionable.

Source excerpt

• Fixtures vs chattels
• Termination of tenancy on reserve lands
• Unjust enrichment
• Juristic reason
• Standard of review

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Pasquill v. British Columbia (Securities Commission)

Court

British Columbia Court of Appeal

The Court of Appeal dismissed the appeal, holding that amendments to the Commission’s collection pleading did not advance a new cause of action barred by limitation.

• Limitation period (s.159(1) securities act)
• Amendment of pleadings
• Retroactive statutory remedies (part 18.1)
• Knowing receipt
• Fraudulent conveyance
• Disgorgement

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Dutcyvich v. Monette Farms Ltd.

Court

Supreme Court of British Columbia

The court found an enforceable oral contract, or alternatively quantum meruit, and awarded the plaintiffs $12 million for introduction and advisory services in the BGCattle acquisition.

• Oral contract
• Quantum meruit
• Finder's fee
• Agency
• Enrichment
• Credibility

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McCaw v. JDS Energy & Mining Inc.

Court

Supreme Court of British Columbia

The court dismissed JDS’s application to strike the amended notice of civil claim, finding the pleaded claims and alternative remedies were not bound to fail.

• Fraudulent misrepresentation
• Unjust enrichment
• Constructive trust
• Value-survived damages
• Conversion
• Passing off

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Shirazi v. Youssefi

Court

Supreme Court of British Columbia

Court granted summary judgment only on the fraudulent conveyance claim, kept the CPL, refused security for costs, and left tracing and constructive trust issues for trial.

• Summary judgment
• Certificate of pending litigation
• Constructive trust
• Fraudulent conveyance
• Security for costs
• Tracing

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Canada Long Investment Group Corporation v. Russo

Court

Supreme Court of British Columbia

The court cancelled a CPL because the pleadings did not sufficiently connect alleged misappropriated funds to the property to support a proprietary claim.

• Certificate of pending litigation (cpl)
• Constructive trust (substantive and remedial)
• Knowing receipt / knowing assistance
• Unjust enrichment
• Derivative action
• Land title act s.215 and s.257

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Sheehan v. Samuelson

Court

Nova Scotia Small Claims Court

Applying the modern approach to statutory illegality and public policy (as articulated in Still and considered with Bedford and Bill C-36), the court held that a sex worker may enforce a contract for unpaid services or, alternatively, recover in unjust enrichment because permitting recovery prevents exploitation and does not frustrate the legislative purpose of the criminal prohibition; therefore the Defendant owes $1800 plus interest and costs.

Source excerpt

• Enforceability of illegal contracts
• Sex work and commercial law
• Unjust enrichment
• Public policy analysis
• Statutory interpretation

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Nouhi v. Pourtaghi

Court

Supreme Court of British Columbia

The court rejected an alleged oral profit-sharing contract, but found unjust enrichment and granted a quantum meruit award, while also finding improper CPL filings.

• Formation and certainty of oral contracts
• Unjust enrichment and quantum meruit
• Real estate services act licensing
• Limitation period
• Certificates of pending litigation (cpl)
• Costs and interest

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Balmoral Holdings Ltd. v. Rogers Communications Inc.

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia held Balmoral’s claim for unpaid utilities and property taxes was mostly statute-barred, except for a 72-day period worth $972.21.

• Breach of contract
• Limitation period and discoverability
• Mistake of fact
• Demand obligation
• Unjust enrichment
• Damages

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SS & C Technologies Canada Corp. v. The Bank of New York Mellon Corporation

Court

Court of Appeal for Ontario

The motion to expedite the Liability appeal was dismissed because the interests of justice favored completing the six-day Damages trial at first instance and then allowing a single appeal on liability and damages to avoid multiplicity, inefficiency and potential inconsistent results; further, scheduling and practical realities made it unrealistic that the appeal would be heard and decided before the Damages trial and any wasted costs could be addressed by costs awards.

Source excerpt

• Breach of contract
• Knowing receipt / unjust enrichment
• Limitation period (s.5 limitations act, 2002)
• Spoliation
• Damages
• Interlocutory/expedited appeal scheduling

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